Timothy S. Kelley

Photographer

155 Belmont Drive

Christiansburg, VA 24073

Cell – 540.239.2827

Email – vtkelley91@gmail.com

February 17, 2016

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave SE 

Washington, DC 20590 

I, Timothy S. Kelley, am writing pursuant to the FAA Modernization and 

Reform act of 2012 and the procedures contained within 14 C.F.R. 11, to request 

that I, Timothy S. Kelley, an owner and operator of small unmanned aircraft, be 

exempted from the Federal Aviation Regulations (“FARs”) listed below so that I, 

Timothy S. Kelley, may operate a small ultra light weight unmanned aircraft 

system (“UAS”) commercially in airspace regulated by the Federal Aviation 

Administration (“FAA”) in accordance with FAA UAS Regulations & Policies. 

I would like to formally submit for an exemption from the following Section 333 

regulations: 

14 C.F.R. Part 21, 

14 C.F.R. 45.23(b), 

14 C.F.R. 61.113(a), 

14 C.F.R. 91.7(a), 

14 C.F.R. 91.9(b)(2), 

14 C.F.R. 91.119(c), 

14 C.F.R. 91.121, 

14 C.F.R. 91.151(a)(1), 

14 C.F.R. 91.203(a) and (b), 

14 C.F.R. 91.405(a), 

14 C.F.R. 91.407(a)(1), 

14 C.F.R. 91.409(a)(1) and (2), 

14 C.F.R. 91.417(a) and (b). 

To operate the following UAS: DJI Phantom 3 along the guidelines of the 

accompanying operator’s manuals. This UAS will be equipped with a detachable 

camera and will be transported in proper storage. This proposed exemption 

would allow me operation of an unmanned aircraft system (UAS) for the purpose 

of aerial videography/ photography as a service to the public/ business interests. 
As found in exemption No. 11138 (Trudeau), the FAA recently approved similar 

use of a Phantom 2 UAS. 

This device was selected because it has proven reliable flying capabilities 

managed by gyro stabilized flight, ground detection, GPS aided navigation, a 

compass, blinking LEDs, failsafe mode for returning home and prop guards. This 

will act to further safety protocols exclusive to lightweight UAS’s specific to video 

and photography usage as I, Timothy S. Kelley, record flight data and other 

information gained through permitted flight operations to share with the FAA 

through any required FAA reports to assists with future protocol and safety 

regulations. 

Specific section or sections of 14 CFR which I seek relief and the reason I 

seek relief: 

14 C.F.R. Part 21: Airworthiness Certificates 

Given the size and limited operating area associated with the aircraft to be 

utilized by I, Timothy S. Kelley, an exemption from Part 21 meets the 

requirements of an equivalent level of safety under Part 11 and Section 333 of 

the reform Act. In all cases, an analysis of these criteria demonstrates that the 

UA operated without an airworthiness certificate, in the restricted environment 

and under the conditions proposed will be at least as safe, or safer, than 

conventional aircraft operating with an airworthiness certificate without 

restrictions and conditions proposed. 

14 C.F.R. 45.23: Display of marks: general 

The UAS will not have a cabin, cockpit, pilot station, fuselage, boom, or tail on 

which to mark certain words or phrases. Further, the two-inch lettering is difficult 

to place on such a small aircraft with dimensions smaller than the minimal 

lettering requirement. 

14 C.F.R. 61.113(a) & (b): Private pilot privileges and limitations: Pilot in 

command 

The FAA has previously declared that additional manned airship experience of a 

commercially certified pilot would not correlate to the airmanship skills necessary 

for similarly proposed operations in previously issued exemptions to this 

regulation through Exemption Nos. 11062 and 11138. 

14 C.F.R 91.7: Civil aircraft airworthiness 

Currently, since there is no certificate applicable to the UAS in question, this 

regulation is inapplicable. 
14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard 

requirements 

Requires an aircraft flight manual in the aircraft, however there are no pilots or 

passengers on board this aircraft and given its size, this regulation is 

inapplicable. An equivalent level of safety will be achieved by maintaining a 

safety/flight manual with the operator. 

14 C.F.R. 91.119(c): Minimum safe altitudes 

I, Timothy S. Kelley will ensure that this UAS does not operate any higher than 

400 feet above ground level. I will not fly over congested areas. I will plan 

operations before hand, for proper flight safety, and proper height analysis as to 

avoid collisions. 

14 C.F.R. 91.121: Altimeter settings 

The UAS utilize electronic GPS with a barometric sensor. An equivalent level of 

safety will be achieved by using this. 

14 C.F.R. 91.151(a)(1): Fuel Requirements for flight in VFR conditions 

The UAS that I will fly is powered by electricity, using lithium polymer batteries 

that currently have a flight limit of approximately no more than 20 minutes. 

Therefore, due to the limitations of the batteries, it is currently impossible to 

comply with part 91.151. 

14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required 

Currently, there are no procedures for providing airworthiness certificates for the 

mentioned UAS. I, Timothy S. Kelley, however will always fly safely while having 

the manuals with me at all times during operation. 

14 C.F.R. 91.405(a): Maintenance Required,

14 C.F.R. 91.407(a)(1): Operation after maintenance, preventive maintenance, 

rebuilding, or alteration,

14 C.F.R. 91.409(a)(1) and (2): Inspections &

14 C.F.R. 91.417 (a) and (b): Maintenance records 

Maintenance inspections may be required and should be granted since they only 

apply to aircraft with an airworthiness certificate. However I, Timothy S. Kelley, 

will perform preflight inspections of the UAS before each flight as outlined in the 

operating documents. I, Timothy S. Kelley, will also follow manufacturer 

recommendations from said operating documents. 

Public Interest 
Aerial photography and videography as an available service to the public allows 

for a cheaper method to capturing imagery than its alternative (Its alternative 

being aircraft and helicopters). They are expensive, create lots of noise, and are 

much more threatening due to size and combustible fuel. 

I, Timothy S. Kelley, would gladly offer my services upon request and with proper 

coordination to any official search and rescue or emergency services 

organization to benefit the public. 

Also as mentioned in the Trudeau exemption, exemption No.11138: 

“Manned aircraft conducting aerial filming and photography can weigh 5,000 lbs. 

or more, are operated by an onboard pilot and may carry other onboard 

crewmembers, as well as 100 gallons or more of fuel. The petitioner’s [sUAS] 

weighs less than 3 lbs. The pilot and crew will be remotely located from the 

aircraft. The limited weight reduces the potential for harm to persons or damage 

to property in the event of an incident or accident. The risk of an onboard pilot 

and crew during an incident or accident is eliminated with the use of a [sUAS] for 

the proposed operation.” 

Summary

I, Timothy S. Kelley, am seeking exemption from the following rules: 

14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 

C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 

14 C.F.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 

C.F.R. 91.409(a)(1) and (2), 14 C.F.R. 91.417(a) and (b) 

With the exemptions of the mentioned rules I, Timothy S. Kelley, will be seeking 

to make my drone photography/videography services available to the public. 

Alternatively the public sought to use helicopters and aircraft to achieve what I 

can offer in a safer, more cost efficient manner. By not using combustible fuel, 

flying at safe heights and strictly following the usage recommendations from DJI. 

These include but are not limited to: 

 Flying the following UAS Safely:

o DJI Phantom 3

 Flying below 400 feet 

 Proper visual inspection of UAS before flights 

 Keeping mentioned UAS in visual sight at all times when in operation 

 Using an observer to assist if needed 

 Remain well clear of and do not interfere with manned aircraft operations, 

and avoid other aircraft and obstacles at all times 

 Not intentionally fly over unprotected persons or moving vehicles 
 Contact the airport or control tower before flying within 5 miles of an 

airport 

 Not flying in adverse weather conditions such as high winds or reduced 

visibility 

 Not flying under the influence of alcohol or drugs 

 Ensure the operating environment is safe

 Not flying over sensitive infrastructure or property such as power stations, 

water treatment facilities, correctional facilities, etc. 

 Check and follow all local laws and ordinances before flying over private 

property 

 Do not conduct surveillance or photograph persons in areas where there 

is an expectation of privacy without the individual's permission.